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Minutes for CC REGULAR AGENDA SPECIAL MTG

SPECIAL MEETING - November 10, 2020

BE IT REMEMBERED, that on this 10th day of November A.D., 2020, there was begun and held a SPECIAL MEETING of the Honorable Commissioners’ Court of Hidalgo County, Texas, wherein the following members thereof were present, to-wit:
 
HONORABLE RICHARD F. CORTEZ

HONORABLE DAVID FUENTES

HONORABLE EDUARDO "EDDIE" CANTU

HONORABLE ELLIE TORRES
HIDALGO COUNTY JUDGE

COMMISSIONER, PRECINCT NO. 1

COMMISSIONER, PRECINCT NO. 2

COMMISSIONER, PRECINCT NO. 4

and ARTURO GUAJARDO, JR., COUNTY CLERK & EX-OFFICIO CLERK OF THE COMMISSIONERS’ COURT of Hidalgo County, Texas, wherein the following proceedings were had, to-wit:

AGENDA
CC REGULAR
HIDALGO COUNTY
COMMISSIONERS COURT MEETING
November 10, 2020
10:00 A.M.
                                          

NOTICE is hereby given in accordance with Chapter 551, Texas Government Code, that a SPECIAL MEETING of the Commissioners Court will be held in the Commissioners Courtroom of the Administration Building, 100 E. Cano, 1st floor, Edinburg, Hidalgo County, Texas. Discussion and possible action relating to the following business will be transacted:

In accordance with section 418.016 of the Texas Government Code, Governor Abbott has suspended various provisions that require government officials and members of the public to be physically present at a specified meeting location.  As a result, all or some government officials may participate via video conference.  Additionally, members of the public are encouraged to watch the meetings online, at: www.hidalgocounty.us/HClive

To participate in public comment, please call: (956) 292-7630 and you will be given further instruction and be provided with a toll free number at that time.

 
1.
 
Roll Call (Audio Reference 15m:16s)

Judge Cortez called the meeting at 10:00 A.M.

All members of the court were present during the roll call, with the exception of Commissioner Flores.
 
2.
 
Pledge of Allegiance (Audio Reference 15m:34s)

Judge Cortez led in the reciting of the Pledge of Allegiance.
 
3.
 
Prayer (Audio Reference 15m:53s)

Honorable Hidalgo County Treasurer, Lita Leo, offered the prayer.
 
4.
 
Approval of Consent Agenda (Audio Reference 16m:52s)

Valde Guerra requested that the court pull Consent Agenda items 12.J & 12.S for further discussion.

The court proceeded to approve the remainder of the Consent Agenda, with the exception of Consent Agenda items 12.J & 12.S, which were pulled for further discussion.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval of the Consent Agenda, with the exception of Consent Agenda items 12.J & 12.S.

Vote: 4 - 0 -Unanimously

The court proceeded to Consent Agenda item 12.J for further discussion. (Audio Reference 18m:15s)
 
5.
 
Open Forum (Audio Reference 19m:20s)

Fern McClaugherty came before the court to express her concerns with the courts' administration of the taxpayer's monies.

No action was taken on item 5 - Open Forum.
 
6.
 
County Judge's Office:
 
A.
AI-78162
Approval of Proclamation honoring Veterans on Veterans' Day (Audio Reference 23m:02s)

Felix Rodriguez, with the Veteran's Office, read the Proclamation honoring Veterans on Veteran's Day, and recognized veteran co-workers: Samuel Perez Jr., Raymond Herrera, Alejandro Figueroa, Alma Martinez, Victor Torres, and Juan Aguillon.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 6.A.
                                                        
Vote: 4 - 0 – Unanimously

Commissioner Fuentes honored his co-workers whom are veterans currently employed by Hidalgo County Pct No.1; those being: Jose Luis Villareal, Edward Hernandez, Jorge Peña, Mayor David Suarez, Guadalupe Martinez, Graig Philips, George Garett, and Jason Rivera.

Commissioner Torres honored her co-workers whom are veterans currently employed by Hidalgo County Pct No.4; those being: Victor Reyes, Roberto Martinez Jr., Orlando Macias, and Mr. Diaz.
 
B.
AI-78218
Discussion, consideration and action on the Texas Enterprise Zone Program Mandatory Annual report form and authority for Laura Matamoros, County designee, to sign all related documents. (Audio Reference 31m:08s)

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 6.B.

Vote: 4 - 0 -Unanimously 
Attachments:
 
7.
AI-78230
Executive Office:
Presentation of Fees and Fines Report for the period of January 1, 2020 through September 30, 2020 (Audio Reference 31m:55s)

Director of Business Development for the Fines and Fees Division with Perdue Brandon, Dan Romo, presented before the court a JP collections update for Hidalgo County Clerk's Office, County Courts At Law, and District Courts, for the period of January 1, 2020 through September 30, 2020.

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval to accept the report given on item 7.

Vote: 4 - 0 -Unanimously 
Attachments:
 
8.
 
District Attorney's Office:
 
A.
AI-78214
Requesting acceptance and approval of purchase of challenge coins for employee recognition for years of service with the Hidalgo County District Attorney's Office. (Audio Reference 43m:41s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 8.A.
                                                                              
Vote: 4 - 0 – Unanimously
 
 
B.
AI-78201
Discussion, consideration and action acknowledging the Memorandum of Understanding between the Hidalgo County Criminal District Attorney's Office and the Young Heart's Matter Campaign and BCFS Health & Human Services. (Audio Reference 44m:10s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 8.B.

Vote: 4 - 0 - Unanimously 

Victims Unit Director, Rosie Martinez, came before the court with gratitude for the courts' support of the MOU. Ms. Martinez also elaborated on the importance of the collaborative efforts between the organizations for the betterment of the youth in the community.
Attachments:
 
C.
AI-78189
DA - Domestic Violence Specialty Prosecutor (DVSP) Grant (1281):
Approval to submit a Domestic Violence Specialty Prosecutor (DVSP) Grant #2931306 budget adjustment to the Office of the Governor (OOG). (Audio Reference 47m:17s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 8.C.

Vote: 4 - 0 - Unanimously 
Attachments:
 
9.
 
Forensic Center:
 
A.
AI-78239
Approval to set fee schedule for Administrative fees for the Hidalgo County Forensic Center. (Audio Reference 47m:42s)

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 9.A.
                                                                              
 Vote: 4 - 0 – Unanimously
 
 
10.
 
Sheriff's Office:
 
A.
AI-78137
Operation Stonegarden FY 2019 (1284): (Audio Reference 48m:12s)
1. Authorization to request a grant adjustment for a 6 month extension for Sheriff's Office FY 2019 Operation Stonegarden (Grant #3172205), Hidalgo Co Constable PCT 1 (Grant #3174705), Hidalgo Co Constable PCT 2 (Grant # 3174805), Hidalgo Co Constable PCT 3 (Grant #3174905) and Hidalgo Co Constable PCT 4 (Grant #3175005) with authority for Co. Judge to certify adjustment on eGrants.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 10.A.1.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
B.
AI-78135
FY 2020 JAG Program (1282): (Audio Reference 49m:15s)
1. Approval to accept the FY 2020 Edward Byrne Memorial Justice Assistance Grant (JAG) Award from the U.S. Department of Justice-Office of Justice Programs (DOJ-OJP) in the amount of $38,113.00 for the period of October 1, 2019 to September 30, 2023.
2. Approval of Certification of Revenues as certified by the County Auditor for the FY 2020 JAG Grant in the amount of $38,113.00 and appropriation of same.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 10.B.1 & 2.
                                                                              
Vote: 4 - 0 – Unanimously
 
C.
AI-78181
Requesting approval of payment for the following invoice as submitted by L&G Consulting Engineers, Inc. for geotechnical engineering services of a bus barn for Hidalgo County Sheriff's Office, through the current Agreement Contract# C-18-228-10-09 Work Authorization No. 3 (PO# 821942). (Audio Reference 50m:11s)
Invoice Date Invoice # Amount PO #
10/27/2020 20-10-000002 $2,117.97 821942

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 10.C. 

Vote: 4 - 0 – Unanimously
Attachments:
 
D.
AI-78128
Sheriff - Law Enforcement Terrorism Prevention Activities (LETPA) Grant (1284): (Audio Reference 51m:05s)
1. Authorization and approval to accept the FY 2020 grant award from the Office of the Governor-Homeland Security Grants Division (OOG-HSGD) for the period of Sept. 1, 2020 to Aug. 31, 2021 in the amount of $10,000.00.
2. Approval of Certification of Revenues, as certified by the County Auditor, for the FY 2020 Law Enforcement Terrorism Prevention Activities (LETPA) Grant in the amount of $10,000.00 and appropriation of same.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 10.D.1 & 2. 

Vote: 4 - 0 – Unanimously
 
11.
 
Constable Pct. #3:
 
A.
AI-78124
Constable Pct. 3 - 2020 (Audio Reference 52m:09s)
Discussion, consideration, and approval to appoint Amadeo Garza, Jr., as Deputy Constable, by Lazaro Gallardo, Jr. Constable Pct. 3, in accordance  to the Texas Local Government Code Section 86.011.

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 11.A.
                                                                              
 Vote: 4 - 0 – Unanimously
Attachments:
 
12.
 
Human Resources:
 
A.
 
Requesting waiver of the following, if applicable, for personnel items listed: (Audio Reference 53m:01s)
1. Civil Service Commission Rules - Section 3.22
2. Hidalgo County Personnel Policy Manual - Section 6.27
3. Budget Amendment Policy - Personnel Related Amendments

Raul Silguero stated that no action was required for items 12.A.1, 2, & 3.
 
B.
AI-78217
Community Service Agency (3300): (Audio Reference 53m:13s)
Approval of the following personnel actions effective next full pay period, 11/23/2020:
Action Dept./Prg. Slot # Position Title Salary
Delete 901-033 0003 Accountant IV $57,103.00
Create 901-033 0073 Division Manager II, Grants Accounting $66,604.00

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 12.B.
                                                                              
Vote: 4 - 0 – Unanimously
Attachments:
 
13.
 
Urban County:
 
A.
AI-78127
1.  Hold a Public Hearing to consider public comments for Hidalgo County Urban County Program's 2019 Consolidated Annual Performance and Evaluation Report (CAPER) prior to submission to the U.S. Department of Housing and Urban Development. (Audio Reference 54m:27s)

Judge Cortez called the Public Hearing to order at 10:40 A.M., therein being no participants, Judge Cortez closed the public hearing.

No action was taken on item 13.A.1.

2.  Request for authorization to submit the 2019 Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development. (Audio Reference 55m:17s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 13.A.2.

Vote: 4 - 0 – Unanimously
 
B.
AI-78129
The Urban County Program requests approval of the Emergency Solutions Grant Program Sub-Recipient Agreements with the following Non-Profit Agencies for Program Year 33 (2020) retroactively effective September 1, 2020 to December 31, 2021.  (See attached Agreement) (Audio Reference 55m:39s)
  •  Catholic Charities of the Rio Grande Valley
  •  Women Together Foundation, Inc.
  •  The Salvation Army of McAllen-Hidalgo County
On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 13.B

Vote: 4 - 0 -Unanimously 
 
C.
AI-78148
“Subject to Compliance with HB 1295” the Urban County Program is requesting consideration and action to award and enter into a construction contract with 2GS LLC dba Earthworks, the lowest responsible bidder in the amount of $500.000.00 utilizing UCP funds from Fiscal Years 30 - 33 (2017- 2020) Peñitas Street Improvement Funds. (Audio Reference 56m:17s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 13.C.

Vote: 4 - 0 – Unanimously
 
D.
AI-78146
“Subject to compliance with HB 1295” the Urban County Program is requesting approval of a best and final negotiated contract for professional services with Javier Hinojosa Engineering in the amount of $99,515.00 utilizing CDBG FY 31 & 32 (2018 & 2019) Hidalgo Flood Drainage Improvements Funding and approval of Work Authorization No. 1. (Audio Reference 56m:59s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 13.D.

Vote: 4 - 0 – Unanimously
 
E.
AI-78159
“Subject to compliance with HB 1295” the Urban County Program is requesting approval of a best and final negotiated contract for Professional Engineering Services with SAM Engineering and Surveying in the amount of $29,795.00 utilizing CDBG FY 33 (2020) City of San Juan Street Improvements Funds and approval of Work Authorization No. 1. (Audio Reference 57m:35s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 13.E.

Vote: 4 - 0 – Unanimously
 
14.
 
Precinct #3 - Comm. Flores:
 
A.
AI-78185
Discussion, consideration and action authorizing Hidalgo County to transfer Liberty Blvd. Project (Project Limits -From US 83 to Mile 3; CSJ: #0921-02-194) from Hidalgo County to City of Penitas. This includes, but is not limited to, transferring Advance Funding Agreement(s), and any other documentation from Hidalgo County to City of Penitas. Request will be submitted to the Rio Grande Valley Metropolitan Planning Organization (RGV-MPO) and to Texas Department of Transportation (TXDOT). (Audio Reference 58m:12s)

Judge Cortez stated that no action was to be taken on item 14.A.
 
15.
 
Precinct #4 - Comm. Torres:
 
A.
AI-78191
Pursuant to Texas Local Government Code Section 157.903, requesting approval of indemnification in the amount of $25.00 for a shortage of ($25.00 on July 2019) and for unaccounted fees for permit #69149. (Audio Reference 58m:21s)

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 15.A.

Vote: 4 - 0 - Unanimously 
 
B.
AI-77975
1. Requesting authorization and approval to apply for water services with North Alamo Water Supply for location of ongoing roadway improvements at [La Quinta Lane North of Curry Road (about 20 ft. from fire hydrant)] within Precinct 4.
2. Approval of payment to North Alamo Water Supply in the amount of $ 600.00 for the utility deposit and connection fee to set up water meter for location of ongoing roadway improvements at [La Quinta Lane North of Curry Road (about 20 ft. from fire hydrant)] within Precinct 4, with authority for the County Treasurer to issue check after review, audit, and processing procedures are completed by the County Auditor. (Audio Reference 58m:50s)  

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on items 15.B.1 & 15.B.2.

Vote: 4 - 0 - Unanimously
Attachments:
 
16.
 
Budget & Management:
 
A.
AI-78187
Domestic Relations Office (1100): (Audio Reference 59m:52s)  
Approval of salary schedule changes in accordance with the Hidalgo County Classification and Compensation Pay Plan effective 11/09/2020 and in the calendar year 2021.
FROM TO
Action Dept/Prg Slot Position Title G/S Budgeted Salary G/S Proposed Salary
Discretionary Step 125-029 0002 Director, Domestic Relations Office 20/01 $87,550.00 20/02 $90,614.00

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.A.

Vote: 4 - 0 – Unanimously

Commissioner Fuentes stepped away from the meeting. 
Attachments:
 
B.
AI-78170
CARES Act Relief Funds (1287): (Audio Reference 1h:00m 28s)  
Discussion, consideration, and action to approve the ratification of necessary CARES Act Relief Fund expenditures, as listed on Exhibit A, to cover costs not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation in connection with the ongoing COVID-19 public health emergency; the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use.

Sergio Cruz, with the Office of Budget & Management, stated that the amount for Exhibit A was $375,107.61.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.B.

Vote: 3 - 0 – Unanimously
 
C.
AI-78131
TJJD-A Basic DS (1294) / Juvenile DIR Supervision (1100): (Audio Reference 1h:01m 08s) 
Approval of the following salary schedule changes, effective 10/12/2020, and in the calendar year 2021: 
Action Dept./Prg Slot Position Title Current Grade & Step/Allowance Proposed Grade & Step/Allowance
Create Allowance Slot to Provide Longevity 330-010 7108 Probation Officer G10S02 G10S02
330-001 7152 $0.00 $300.00

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.C.

Vote: 3 - 0 – Unanimously
Attachments:
 
D.
 
Budget Appropriations:
 
1.
AI-78229
Justice Court Tech Fund (1242): (Audio Reference 1h:01m 31s) 
Approval of 2020 appropriation of funds for the Justice Court Tech Fund (1242) unassigned fund balance in the amount of $370,838.95 to fund purchase and installation services of laptops for Constable patrol vehicles.

Commissioner Fuentes rejoined to the meeting.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.D.1.

Vote: 4 - 0 – Unanimously
Attachments:
 
2.
AI-78126
Pct. 3 Road & Bridge (1200): (Audio Reference 1h:01m 59s) 
1. Approval of certification of revenues, as certified by the County Auditor, for funds received by the City of Alton in relation to the Interlocal Agreement approved by Commissioners Court on October 20, 2020 for the overlay of various road sections in the amount of $144,062.32 and appropriation of same.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.D.2.1

Vote: 4 - 0 - Unanimously 
 
3.
AI-78134
CARES Act Relief Fund (1287): (Audio Reference 1h:02m 26s) 
Approval of certification of revenues as certified by the County Auditor for revenues received from interest earnings for the CARES Act Relief Fund (1287) in the amount of $63,272.81 and appropriation of the same.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 16.D.3.

Vote: 4 - 0 - Unanimously 
Attachments:
 
4.
AI-78130
County Clerk Records Management (1237): (Audio Reference 1h:02m 49s) 
Approval of 2020 appropriation of funds from the Co. Clerk Records Management Fund (1237) Unassigned Fund Balance in the amount of $200,000.00 to fund records management & document imaging services rendered by Kofile Systems, Inc.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, the Court made a UNANIMOUS vote of approval on item 16.D.4.

Vote: 4 - 0 – Unanimously
 
17.
 
Purchasing Department - Notes:
A. FOR ANY CONTRACT(S) AWARDED AND APPROVED UNDER THIS AGENDA, EXECUTED COPIES OF THE CONTRACT(S) WILL BE AVAILABLE ON THE COUNTY INTRA-NET WEBSITE AND WILL BE FORWARDED VIA E-MAIL, FAX OR HAND DELIVERED TO HIDALGO COUNTY AUDITOR'S OFFICE.
B. ANY AND ALL REQUESTS FOR PAYMENT(S) APPROVED WILL BE SUBJECT TO COUNTY AUDITORS PROCESSING PROCEDURES INCLUDING AUTHORITY FOR COUNTY TREASURER TO ISSUE PAYMENT(S)/CHECK(S).
 
A.
 
Hidalgo County
 
1.
AI-78192
A. Discussion, consideration and action to approve a necessary CARES Act Relief Fund Expenditure to cover cost not accounted for in the current budget and cannot be lawfully funded by line item, allotment or allocation, for the [COVID-19 for Production of  eight (8) Video Public Service Announcements in order to assist with County functions to facilitate compliance with public health measures addressing the ongoing COVID-19 emergency], the Court having reviewed the Agenda Item Briefing, herein finds that such expenditure is reasonable and necessary for the intended use. (Audio Reference 1h:03m 20s) 

On motion by COMMISSIONER PCT. 1, DAVID FUENTES, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.A.1.A 
                                                                              
Vote: 4 - 0 – Unanimously

B. Requesting exemption form competitive bidding requirements under the Texas Local Government Code, Section 262.024 (a)(1) an item that must be purchased in case of public calamity, (2) an item necessary to preserve and protect the public health and safety of the citizens; (Audio Reference 1h:04m 14s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.A.1.B.

Vote: 4 - 0 - Unanimously 

C. Presentation for acceptance and approval of  "Second Amendment" to current Consulting Contract C-20-122-04-07 between Hidalgo County and Absolute Business Consulting Group" to reflect additional services to contract. (Audio Reference 1h:04m 36s) 

Martha Salazar, with the Purchasing Department, requested approval subject to the finalization of the reactivation of the SAM.gov for the vendor.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.A.1.C, subject to the finalization of the reactivation of the SAM.gov for the vendor.

Vote: 4 - 0 - Unanimously
 
2.
AI-78200
A. Presentation by Margaret Somereve and/or Bill Starns for CC action on a "Resolution of Hidalgo County Texas Adopting TCAP'S Professional Services Agreement and GEXA Energy's Commercial Electric Service Agreement for Poer to Provided On and After January 1, 2023" [including the Strategic Hedging Program procurement approach]; (Audio Reference 1h:05m 05s) 

Margret Somereve and Bill Starns, with TCAP, came before the court with a presentation for 2023 Contract Options. 

After discussion, the court agreed to postpone action on item 17.A.2.A for further deliberation.

No action was taken on item 17.A.2.A.


B.  Requesting authority to release a Request for Information[an RFI] for: Indicative Pricing for Electric Energy for Hidalgo County effective 01-01-23 to interested vendors; (Audio Reference 1h:37m 43s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.A.2.B.

Vote: 4 - 0 -Unanimously 
 
C.  Approval of the following documents [reviewed and approved as to form by HC/DA/CIviil Section with authority for Purchasing Director, Martha L. Salazar or Ms. Dina Trevino, Asst. Purchasing Drector to sign same:
     1.  Letter of Authorization [to be issued to vendor(s) requesting RFIs];
     2.  Letter of Designation by HC [to be issued to vendor(s) requesting RFIs]; (Audio Reference 1h:38m 40s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.A.2.C.1 & 2.

Vote: 4 - 0 -Unanimously
 
B.
 
Pct. 1
 
1.
AI-78231
Authority to advertise and approval of procurement packet[specifications/requirements, legal notice, draft requirement agreement, etc.] as attached hereto for: Hidalgo County [all funding sources] for the project titled:
"Hauling Services for all Road Materials"-RFB No.: 2020-618-12-02-JAG, including the re-advertisement of project if/when necessary/required. (Audio Reference 1h:39m 13s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.B.1.

Vote: 4 - 0 -Unanimously
 
2.
AI-78152
Acceptance and approval to execute AIA Document A133-2009 Guaranteed Maximum Price Amendment No. 1 between Hidalgo County and contractor, E-Con Group, LLC. for the "Sunset Park Operations Facility - Pct.1" Project through Contract No. C-18-181A-03-26, in the amount of $1,663,131.00 with authority to issue a Notice to Proceed [NTP], subject to compliance with 1295 Form and counsel's final review/approval as to legal form. (Audio Reference 1h:39m 39s) 

Martha Salazar, with the Purchasing Department, stated that no action was to be taken on item 17.B.2.
Attachments:
 
C.
 
Pct. 3
 
1.
AI-78209
If applicable, pursuant to Hidalgo County's Exiting Elected Official Expenditure Policy 3.1 (1), requesting  approval to proceed with Motor Pool Facility Concrete Paving Improvements through vendor Regional Concrete in the amount of $36,480 [secured through quote protocol. (Audio Reference 1h:39m 47s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.C.1.

Vote: 4 - 0 Unanimously 
 
D.
 
Pct. 4
 
1.
AI-78216
A. Authority to purchase the heavy equipment detailed herein through the HC membership/participation in BuyBoard Purchasing Cooperative awarded vendor Doggett Heavy Machinery under Contract #597-19 New Dynapac CP1200W Pneumatic Tire Roller in the amount of $87,751.00. (Audio Reference 1h:40m 20s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.D.1.A.

Vote: 4- 0 -Unanimously 

B. Authority to purchase the heavy equipment detailed herein through the HC membership/participation in Sourcewell Purchasing Cooperative awarded vendor Doggett Heavy Machinery under Contract #032119-JDC: New John Deere C310SL Backhoe Loader in the amount of $90,000.00 (Audio Reference 1h:39m 47s) 

On motion by COMMISSIONER PCT. 2, EDUARDO “EDDIE” CANTU, seconded by COMMISSIONER PCT. 4, ELLIE TORRES, the Court made a UNANIMOUS vote of approval on item 17.D.1.B.

Vote: 4 - 0 -Unanimously 
 
2.
AI-78125
A. Recommendation by project engineer [w/concurrence from project architect] for approval  to cease negotiations with the number one ranked contractor (Celso Gonzalez Construction) in connection with the Request for Competitive Sealed Proposals [RFCSP] titled:- Design & Construction of New Mechanic's Shop; (Audio Reference 1h:41m 19s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.D.2.A.

Vote: 4 - 0 - Unanimously 

B. Requesting authority for the Purchasing Department and lead professionals to commence negotiations with the second-ranked firm of NM Contracting for the same project. (Audio Reference 1h:41m 47s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.D.2.B.

Vote: 4 - 0 - Unanimously
 
E.
 
IT Department
 
1.
AI-78203
HC-IT Dept. is requesting approval to purchase equipment through Netsync Network Solutions (Cisco Network Hardware) under DIR Contract (DIR-TSO-4167) in the amount of $86,414.70, and Netsync Network Solutions (Cables) under DIR Contract (DIR-CPO-4430) in the amount of $1,734.40, both requests are under requisition #423439. (Audio Reference 1h:42m 06s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.E.1.

Vote: 4 - 0 - Unanimously
 
2.
AI-78149
Approval to lease (73) new laptops, purchase mounting hardware for Constable’s patrol vehicles, and installation services through the County's membership/participation with Contract DIR-TSO-3763 with Dell Marketing, L.P. for the Information Technology Department. Leased laptops at $4,372.21/month for 36 months, mounting hardware in the amount of $115,708.34, and installation services at $59,981.03. (Audio Reference 1h:42m 40s) 

Martha Salazar, with the Purchasing Department, stated a typographical error on item 17.E.2. In which, the item should state, "Approval to lease 72 new laptops", and not "73". She also stated that the amount should not exceed the amounts stated above.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.E.2, with the stated correction above on item 17.E.2.

Vote: 4 - 0 - Unanimously
 
F.
 
Sheriff's Office
 
1.
AI-78094
A. Approval of exemption from competitive bidding requirements under Texas Local Government Code, Chapter/Section 262-024 (a)(4), a professional service; (Audio Reference 1h:43m 35s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.F.1.A.

Vote: 4 - 0 - Unanimously

B. Pursuant to Government Code 2254 [demonstrated competence] acceptance and approval of negotiated contract, C-20-363-11-10, with John Lung, MD for the provision of "Physician Services for Inmates" for the Hidalgo County Sheriff's Office Adult Detention Center. (Audio Reference 1h:43m 56s) 

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval on item 17.F.1.B

Vote: 4 - 0 - Unanimously
 
18.
 
Executive Office:
 
A.
 
Presentation for discussion of the following: (Audio Reference 1h:44m 25s)
1) Update on ongoing county owned building construction, relocation and/or renovation repair projects
2) Emergency situations occurring since last agenda meeting

Valde Guerra stated that no action was to be taken on items 18.A 1 & 2.

The court proceeded to item 20 - Closed Session (Audio Reference 1h:44m 44s)
 
19.
 
Discussion, consideration and possible action regarding:
A. County response to disaster/health emergency:
1. CARES Act Funds (Audio Reference 1h:47m 27s)

Valde Guerra stated that no action was to be taken on item 19.A.1.

B. Measures necessary to preserve public health and safety (Audio Reference 1h:47m 47s)

Valde Guerra stated that no action was to be taken on item 19.B.

C. Direction regarding County government operations, including but not limited to essential functions (Audio Reference 1h:47m 54s)

Valde Guerra stated that the county will continue to follow CDC guidelines to ensure the safety of all the constituents and county employees conducting business at county facilities during the COVID-19 pandemic.

The court proceeded to item 25 - Adjournment. (Audio Reference 1h:48m 37s)
 
20.
 
Closed Session: (Audio Reference 1h:44m 44s)
Commissioners' Court may go into Closed Session pursuant to Chapter 551, Texas Government Code, Sections 551.071, (Consultation with Attorney), 551.072 (Deliberation regarding Real Property), Section 551.074 (Personnel Matters) and Section 551.087 (Economic Development) to discuss the following:

The court proceeded into Closed Session at 11:30 A.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to proceed into Closed Session.

Vote: 4 - 0 - Unanimously
 
A.
 
Real Estate Acquisition

Reference item 23.A.
 
B.
 
Private consultation and advice of counsel concerning pending, potential and/or contemplated litigation, settlement offers, and/or legal matters subject to the attorney-client priviledge under the authority of the Open Meetings Act Section 551.071, Government Code.

Reference item 23.B.
 
C.
 
Consultation with Legal Counsel regarding Legal Action due to emergency situation

Reference item 23.C.
 
D.
AI-78171
Cause #C-2525-17-I; Jose Pablo Luna vs. Hidalgo County, Texas

Reference item 23.D.
 
21.
 
A. Requesting exemption from competitive bidding requirements under the Texas Local Government Code, Section 262.024(A) (4) "a Professional Service" for the "provision of legal services/representation in connection with litigation."

B. Engagement with the firm of _________________________ for the "Provision of Legal Services/Representation in connection with Litigation" and authority to submit letter of engagement (subject to compliance with HB1295)

(Audio Reference 1h:47m 19s)

Valde Guerra stated for the record that no action was to be taken on item 21.A, nor on item 21.B.

The court proceeded to item 19 (Audio Reference 1h:47m 27s)
 
22.
 
Open Session: (Audio Reference 1h:46m 45s)

The court returned from Closed Session at 12:49 P.M.
 
A.
 
Real Estate Acquisition and appropriation for same (Audio Reference 1h:46m 47s)

Valde Guerra stated that no action was to be taken on item 22.A.
 
B.
 
Pending and/or potential litigation (Audio Reference 1h:46m 54s)

Valde Guerra stated that no action was to be taken on item 22.B.
 
C.
 
Discussion, consideration and possible action regarding response to public health emergency (Audio Reference 1h:46m 59s)

Reference item 19.
 
D.
AI-78172
Cause #C-2525-17-I; Jose Pablo Luna vs. Hidalgo County, Texas (Audio Reference 1h:47m 08s) 

Valde Guerra stated that they will proceed as directed.

The court proceeded to item 21 (Audio Reference 1h:47m 19s) 

 
 
23.
 
Closed Session:
Commissioners Court may reconvene into Closed Session for the discussion regarding the agenda items listed

The court did not proceed into item 23 - Closed Session.
 
24.
 
Open Session:
Commissioners Court may reconvene into Open Session for the discussion regarding the agenda items listed

The court did not proceed into item 24 - Open Session.
 
25.
 
Adjourn (Audio Reference 1h:48m:40s)

Judge Cortez adjourned the meeting at 12:51 P.M.

On motion by COMMISSIONER PCT. 4, ELLIE TORRES, seconded by COMMISSIONER PCT. 1, DAVID FUENTES, the Court made a UNANIMOUS vote of approval to adjourn the meeting.

Vote: 4 - 0 - Unanimously
There being no further business to come before said

Court, the meetings of the Commissioners' Court and the

Drainage District #1 Board are now hereby adjourned.


Dated this the 10th day of November, 2020

ARTURO GUAJARDO, JR., County Clerk
Hidalgo County, Texas


By: ______________________________
Carolyn Thornton, Deputy


I, ARTURO GUAJARDO, JR., County Clerk attest that this is an accurate accounting of a proceeding of the Commissioners’ Court held on November 10, 2020.

Signed this 12th day of November 2020




ATTEST:
ARTURO GUAJARDO, JR.
County Clerk and Ex-Officio Clerk
Of the Commissioners’ Court of
Hidalgo County


By: ____________________________
(Seal) Carolyn Thornton, Deputy